Constitutional Court of Korea
| Constitutional Court of Korea | |
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| Established | 1988 |
| Country | Republic of Korea |
| Location | Seoul |
| Composition method | Legislative & executive selection |
| Authorized by | Constitution |
| Judge term length | 6 years |
| No. of positions | 9 |
| Website | www |
| President | |
| Currently | Park Han-Chul |
| Since | 22 January 2013 |
| Jurist term ends | 21 January 2017 |
| Constitutional Court of Korea | |
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| Korean name | |
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| Hangul | |
| Hanja | |
| Revised Romanization | Heonbeop Jaepanso |
| McCune–Reischauer | Hŏnpŏp Chaep'anso |
The Constitutional Court of Korea (Hangul: 헌법재판소; Hanja: 憲法裁判所; RR: Heonbeop Jaepanso) is an independent and specialised court in South Korea, whose primary role is the reviewing of constitutionality under the Constitution of the Republic of Korea. It also has administrative law functions such as ruling on competence disputes between governmental entities, giving final decisions on impeachments, and making judgments on the dissolution of political parties.
The status of the court is as follows:
The Korean Constitutional Court has jurisdiction over constitutional review of statutes, constitutional complaints, competence disputes between governmental entities, impeachment of high governmental officials, and dissolution of political parties. A decision of the Constitutional Court cannot be appealed and binds all state agencies and local governments.
The Constitutional Court, along with the ordinary courts, protects the Constitution through adjudication procedures. Jurisdiction belonging to the Constitutional Court, all interpret and apply the Constitution, aiming to solve constitutional conflicts and protect the Constitution from violation.
The Constitutional Court also protects basic rights. When basic rights guaranteed by the Constitution are violated by the exercise or non-exercise of governmental power, the Constitutional Court may rule such use of governmental power as unconstitutional. In addition, in case a statute is deemed to infringe upon basic rights, the Court may rule the statute as unconstitutional, invalidating the statute.
Any statute legislated by the legislative body may be ruled void through judgment on the constitutionality of statutes at the Constitutional Court. In addition, the Court may decide to impeach a member of the administrative or judicial body in case of abuse of public power. It may also order the dissolution of a political party, should the party act against democratic social order.
The Constitution of Korea guarantees independent status and power to the Constitutional Court by having a separate chapter in the Constitution apart from the National Assembly, the Executive, and the Supreme Court. In line with the principle of separation of powers, the Constitutional Court exercises its authority along with the National Assembly, President, and the Supreme Court, making it on par with the other highest constitutional organs.
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